Murray v Valaire [No. 2] [2001] NSWLEC 241

Murray v Valaire [No. 2] [2001] NSWLEC 241

Where proceedings have become futile or settled due to resolution in related proceedings and neither party’s success or unreasonable conduct is clear, the proper exercise of discretion is to make no order as to general costs, but costs may be ordered for specific periods based on later conduct.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 March 2001
Procedural Posture
Application for Restraining Orders Regarding Alleged Unlawful Building Works / Costs Determination Following Resolution of Substantive Matters in Related Proceedings
Outcome
No order as to the general costs of proceedings; applicant to pay respondent's costs from 7 December 2000.
Legal Topics
['costs' 'building and Planning Controls' 'discretionary Costs Orders']
['environmental Law' 'administrative Law'] ['costs' 'building and Planning Controls' 'discretionary Costs Orders']

Source-derived case record

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Procedural Posture

Application for Restraining Orders Regarding Alleged Unlawful Building Works / Costs Determination Following Resolution of Substantive Matters in Related Proceedings

Legal Issues

  1. 1 ['Whether costs should be awarded when proceedings do not proceed to a full hearing and are resolved in related proceedings' 'Whether applicant was almost certain to have succeeded to justify an order for costs']

Ratio Decidendi

Where proceedings have become futile or settled due to resolution in related proceedings and neither party’s success or unreasonable conduct is clear, the proper exercise of discretion is to make no order as to general costs, but costs may be ordered for specific periods based on later conduct.

Court Disposition

No order as to the general costs of proceedings; applicant to pay respondent's costs from 7 December 2000.

Orders

  • ['No order as to the general costs of the proceedings.' "Applicant to pay the respondent's costs of the proceedings from 7 December 2000." 'Exhibits may be returned.']